To be successful in their application for naturalisation as a British Citizen, an applicant must meet the good character requirement. While the British Nationality Act 1981 does not explicitly define good character, guidance provided by the Home Office UK Visas and Immigration (UKVI) outlines the types of conduct that are considered when assessing an individual's character.
Home Office caseworkers take into account various aspects of a person's character, including both negative factors such as criminal history, breaches of immigration laws, and instances of deception, as well as positive factors such as contributions to society. It's important to note that this list of factors is not exhaustive, and each case is assessed on its individual merits.
How criminal convictions in the UK can affect the good character requirement?
An applicant will normally face refusal if they:
- Have a criminal conviction that meets the sentence-based thresholds.
- Demonstrate a pattern of persistent offending.
- Have committed an offense resulting in serious harm.
- Have been convicted of a sexual offense or are listed on a police register.
What is setnence based threshold for good character requirement for naturalisation as a British Citizen?
An applicant will normally face refusal if they have received:
- A custodial sentence of at least 4 years.
- A custodial sentence of at least 12 months but less than 4 years, unless 15 years have elapsed since the end of the sentence.
- A custodial sentence of less than 12 months, unless 10 years have passed since the end of the sentence.
- A non-custodial sentence or other out-of-court disposal recorded on their criminal record within 3 years prior to the date of application.
It's important to note that the entirety of the court-imposed sentence is considered, not just the time served. For applicants residing in Northern Ireland, the Rehabilitation of Offenders (Northern Ireland) Order 1978 remains applicable, meaning that the spent status of a conviction is relevant to these applications.
How would non-custodial sentences and other out of court disposals affect my naturalisation application?
Several types of non-custodial sentences and penalties may adversely affect a person's character when applying for naturalisation as a British Citizen.
Absolute and Conditional Discharges: Both absolute and conditional discharges are considered non-custodial offenses or other out-of-court disposals, typically recorded on a person's criminal record. However, if a person receives a conditional discharge but commits another offense during that period, the conditional discharge will be regarded as a conviction when assessing the good character requirement.
Fines: Fines are considered criminal convictions and are recorded on a person's criminal record. If received within the last three years, fines must be declared and may result in refusal of the application.
Fixed Penalty Notices: Normally, fixed penalty notices do not result in refusal unless they are not paid or successfully challenged, leading to subsequent criminal proceedings and a conviction. However, repeated fixed penalty notices over a short period may suggest a disregard for the law and affect the assessment of good character.
Cautions, Warnings, and Reprimands: These are examples of out-of-court disposals recorded on a person's criminal record. Even if a person does not have recent cautions, warnings, or reprimands, multiple disposals of this nature may still result in refusal if they demonstrate a pattern of offending.
Community Resolutions: While less serious, these resolutions are recorded and considered when evaluating good character, particularly if it's a first-time offense.
Community Sentences: These sentences, which do not involve custody, are recorded on a person's criminal record and may indicate a lack of good character, especially if multiple sentences are involved.
Detention and Training Orders (DTO): These apply to young people aged between 12 and 17 and are considered non-custodial sentences, affecting the assessment of good character.
Confiscation and Forfeiture Orders: While not treated as fines, these orders may suggest a lack of good character, particularly if obtained alongside other factors indicating dishonesty.
Civil Orders: Civil orders may not result in refusal unless they are violated or indicate a pattern of behavior calling into question the person's character.
Hospital Orders and Restriction Orders: Being subject to these orders affects good character assessment, especially if they have not been fully discharged.
Do convictions and sentences imposed outside the UK affect naturalisation application?
Indeed, convictions and sentences obtained overseas can lead to the rejection of a naturalisation application based on good character requirements. The Home Office treats any overseas conviction or non-custodial sentence similarly to those imposed within the UK. The assessment typically begins with the consideration of the sentence handed down.
Do pending prosecutions affect application for naturalisation as a British?
Ongoing prosecutions may come to light during criminal background checks or if voluntarily disclosed by the individual. Generally, British Citizenship won't be granted to someone with an ongoing prosecution. The Home Office typically suspends the application until the conclusion of legal proceedings.
Can immigration related issues affect good character requirement for naturalisation as a British Citizen?
Various immigration abuses can impact the assessment of an applicant's good character in citizenship applications. Here are some considerations:
Deportation Order: Applicants subject to an extant deportation order are typically refused, though the Home Office may review the order, if applicable, before assessing the application.
Sham Marriages or Civil Partnerships: Evidence of involvement in sham marriages or partnerships within the preceding 10 years may lead to refusal.
Deception in Language or Knowledge Tests: Deception in language or knowledge tests within the previous 10 years may result in refusal.
Prosecution for False Statements: Making false statements in the application or during an interview can lead to prosecution, with a subsequent application for citizenship normally refused within 10 years of the initial refusal.
False Statements by Referees: Referees involved in deception may lead to refusal within the preceding 10 years of the application.
Failing to Pay Litigation Costs: Failing to pay litigation costs to the Home Office may demonstrate a lack of good character.
Non-Compliance with Immigration Requirements: Non-compliance with immigration requirements within the preceding 10 years may lead to refusal, including overstaying or abusing immigration purposes.
Illegal Entry: Illegal entry within the preceding 10 years typically results in refusal, unless specific circumstances outlined in Article 31 apply.
Absconders: Failing to comply with reporting restrictions or absconding may lead to refusal for a period of 10 years.
Assisting Illegal Migration: Involvement in assisting illegal migration may result in indefinite refusal.
Illegal Working: Working illegally within the preceding 10 years may lead to refusal.
Hiring Illegal Workers: Evidence of employing illegal workers may result in indefinite refusal.
Deprivation of Citizenship: Re-application after deprivation based on fraud or public good grounds may normally be refused within 10 years.
Can my application for naturalisation be refused due to stay in the UK in last 10 years with no leave to remain?
Starting from June 28, 2022, Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) introduced amendments to the requirements for naturalisation and registration for British citizenship under sections 4(2), 6(1), and 6(2) of the BNA 1981. These changes allow individuals with indefinite leave to enter or remain in the UK to be considered as meeting the lawful residence requirement during the qualifying period without further inquiry. This amendment came into effect on June 28, 2022.
In line with the adjustments to the qualifying period, instances of immigration breaches such as illegal entry, absconding, or overstaying may be disregarded when assessing good character within the 10-year period before the application. However, this applies only if the following conditions are met:
- The individual is applying for naturalization as a British citizen or registration as a British citizen under sections 4(2), 6(1), or 6(2) of the BNA 1981 after June 28, 2022.
- The individual holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK.
- No concerns, such as doubts about the person's character, have arisen since the grant of settlement.
Can I be refused naturalisation as a British Citizen based on allegations of deception and dishonesty?
Concealment of information or lack of transparency can cast doubt on the applicant's character. An application is typically refused if the person has attempted to deceive or withhold vital information, whether on the application form or during inquiries. This includes knowingly providing false personal details like date of birth, name, or nationality.
Deceitful dealings with Her Majesty’s Government may lead to refusal. If false or misleading information was provided in an earlier immigration application, the Home Office will assess the extent of deception and any gains resulting from it. However, if it's determined that the person made a genuine mistake or reasonably believed they were entitled to something, and there are no other adverse factors, the application should not be refused.
Failure to disclose crucial information in a nationality application will result in refusal, and any further citizenship application is likely to be refused for the next 10 years, unless it's deemed an unintentional and genuine error.
Deception in previous applications, whether during the citizenship application process or in a previous immigration application within the last 10 years, typically results in refusal. The 10-year period starts from the date the deception is discovered or admitted.
Can a person's financial soundness have any effect on meeting the good character requirement for naturalisation as a British Citizen?
The financial standing of an individual can significantly impact their good character assessment in a naturalisation application for British Citizenship.
Bankruptcy and Liquidation: The Home Office UKVI considers whether the person's financial conduct led to their bankruptcy or their company's liquidation, reflecting potential recklessness or irresponsibility. If there's a disqualification order against the person, preventing them from serving as a Director, an application for British Citizenship is typically refused. However, if bankruptcy or liquidation resulted from circumstances beyond their control, such as poor business decisions by others or economic downturns, the application is usually not refused.
Debt: Being in debt alone doesn't usually lead to refusal, especially if repayments are being made as agreed or efforts are made to pay off debts. However, deliberate and reckless accumulation of debt without intent to repay may lead to refusal.
NHS Debt: Outstanding debts to the NHS can affect an applicant's character assessment. The Home Office typically requests payment proof for NHS debts identified during checks. Once cleared, these debts aren't considered in the character assessment.
Fraud Involving Public Funds: Relying on public funds isn't grounds for refusal, but knowingly drawing funds to which one isn't entitled may lead to refusal.
Non-payment of Council Tax: Inability to pay council tax due to financial circumstances may not lead to refusal, especially if arrangements are made with the relevant authority. However, unreasonable non-payment or providing false statements to avoid payment may result in refusal.
Will my naturalisation application be refused if I am on register of sex offenders?
Under the Sexual Offences Act 2003, individuals are obligated to inform their local police force of their name, address, and other relevant details, including any changes to this information, if they are convicted of certain sexual offences. These details are maintained by the police in a registry commonly referred to as the Sex Offenders Register.
Any application for British Citizenship from an individual subject to reporting notifications or one of the orders for sexual offences will typically be declined as long as the order remains in effect. This policy applies regardless of whether their conviction still falls within the sentence-based thresholds. An individual's inclusion in the register will cease after a predetermined period, which varies depending on the duration of their registration sentence.